Before parents can request a ruling by the District Commissioner or bring legal action in court in matters concerning children, both parents are required to attend a mediation process. The aim of the mediation process is to assist parents in reaching an agreement with the child's best interest as a guiding principle.
Arrangements of a mediation procedure
Parents attend a mediation meeting together and work on a common solution.
Parents control the process and are active participants. They submit their suggestions and the mediator is of assistance to them.
The extent of a mediation process varies and can be between 1-7 meetings in a 12 month period depending of the progression of the case.
A child has a right to present its views during the mediation process which is then an input into the parent's conversation.
The mediator guides the mediation process in a neutral manner while the parents are responsible for its outcome.
Emphasis is placed on the future, not the past.
The parents may also decide to enter into mediation with a self-employed mediator.
Implementation of mediation process
Parents generally attend mediation meetings together and work towards a mutual solution. The mediator directs the conversation, but the parents decide on its outcome. The mediator seeks to lead the parental dialogue in such a way that the needs and interests of the child and parents are represented and that future communication and parental cooperation are planned. A parent wishing to attend a mediation meeting alone may make this request known to the District Commissioner, who shall then interview the parents separately. As soon as this is said, it is important to state that the aim of the mediation process is for the parties to discuss their case in secure circumstances with the assistance of the mediator and to be able to continue to do so after the mediation process has been concluded. Interviews may be conducted by teleconference. If both parents attend the interview, there must be an agreement on who else can be included in the interview. Others may be present at the meeting with their consent. You can request that the interview be conducted in English, but if you need an interpreter for the interview, the party must provide an interpreter himself.
Parental preparation
For consideration:
How is the communication between us, the parents? What can I do to improve it?
What is working well? What could work better?
Have I heard the views of the other parent and taken a fair position on it?
What does the child want? How does it feel and what can I do in order for it to feel better?
How do I support a good relationship between the child and the other parent? How do I speak about the other parent in presence of the child?
What do I want the mediation process to accomplish? Do I have clear suggestions? What do I consider an acceptable outcome?
Role of parents in the mediation process:
Discuss matters in a fair and balanced manner.
Present suggestions which take the child's situation into consideration, i.e. its age and maturity.
Think in terms of solutions for the future.
Service provider
District Commissioners